8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly In a Decision dated September 25, 2014, the LA dismissed Malicdem's complaint for lack of merit, disposing of the case in the following manner: WHEREFORE, premises considered, the instant complaint is DISMISSED for lack of merit. However, respondents Asia Bulk Transport Phils, Inc. and Inter Ocean Company Limited (formerly Ocean Shipping Company) is ordered to give complainant financial assistance in the amount of Fifty Thousand Pesos (P50,000.00) for humanitarian consideration. SO ORDERED.[30] The LA held that Malicdem failed to substantiate his allegations that he suffered hypertension while on board MV Nord Liberty; hence, said illness cannot be compensable for failing to satisfy the conditions under the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC).[31] As for his glaucoma, the LA held that Malicdem failed to prove that said illness was directly caused or aggravated by his employment.[32] The LA likewise noted that Malicdem failed to comply with the three (3)-day mandatory reportorial requirement under Section 20(A)(3) of the POEA-SEC.[33] For humanitarian considerations, however, the LA awarded Malicdem financial assistance in the amount of P50,000.00.[34] Malicdem appealed to the NLRC. Ruling of the NLRC In a Decision dated December 29, 2014, the NLRC affirmed the LA's Decision and dismissed Malicdem's petition for lack of merit, disposing of the case as follows: WHEREFORE, the labor arbiter's Decision dated September 25, 2014 is affirmed and the instant appeal dismissed for lack of merit. SO ORDERED.[35] The NLRC ruled that Malicdem failed to adduce proof of reasonable connection between his work as a chief engineer and the glaucoma he had contracted.[36] According to the NLRC, there is all the more a need for proof of work-connection because relevant medical literature suggests that glaucoma is brought about by several factors other than the purported "physical and emotional" strains, such as aging, race and family history. To easily attribute glaucoma to Malicdem's physical and emotional strains at work is to oversimplify the matter.[37] Anent Malicdem's hypertension, the NLRC ruled that he failed to satisfy the requirements for compensability of this disease under Section 32(A)(20) of the POEA-SEC.[38] Malicdem filed a Motion for Reconsideration which was, however, denied in a Resolution of the NLRC dated February 24, 2015.[39] This prompted Malicdem to file a Petition for Certiorari[40] before the CA. Ruling of the CA https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65276 3/17